Professional Documents
Culture Documents
Treaty Canterbury UK
Treaty Canterbury UK
1 (1986)
Treaty
by Private Concessionaires of a
with
Exchanges of Notes
Canterbury, 12 February 1986
[Instruments of ratification have not been exchanged]
Presented to Parliament
February 1986
LONDON
Cmnd. 9745
Reprinted 1987
2.70 net
TREATY
BY PRIVATE CONCESSIONAIRES
Her Majesty The Queen of the United Kingdom of Great Britain and
Northern Ireland and of Her other Realms and Territories, Head of the
Commonwealth and the President of the French Republic,
CoNFIDENT that a Channel fixed link will greatly improve communications
between the United Kingdom and France and give fresh impetus to relations
between the two countries,
DESIRING to contribute to the development of relations and of exchanges
between the Member States of the European Communities and more generally
between European States,
DESIRING ALSO to permit the construction and operation of a Channel fixed
link by private enterprise in accordance with the criteria laid down by the
Government of the United Kingdom and the French Government,
HAVE DECIDED to conclude a Treaty and to this end have appointed as their
Plenipotentiaries:
Her Majesty The Queen of the United Kingdom of Great Britain and
Northern Ireland and of Her other Realms and Territories, Head of the
Commonwealth:
The Right Honourable Sir Geoffrey Howe, QC, MP,
Her Majesty's Principal Secretary of State
for Foreign and Commonwealth Affairs;
The President of the French Republic:
His Excellency Monsieur Roland Dumas,
WHo, having presented their full powers, found in good and due form, have
agreed as follows:
ARTICLE I
Object and Definitions
(I) The High Contracting Parties undertake to permit the construction and
operation by private concessionaires (hereinafter referred to as "the
Concessionaires ")of a Channel fixed link in accordance with the provisions of
this Treaty, of its supplementary Protocols and arrangements and of a
conces~ion between the two Governments and the Concessionaires (hereinafter
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ARTICLE
ARTICLE
(2) The frontier in the Fixed Link shall be marked by a Joint Commission,
composed of representatives of the two States, as soon as possible after the
completion of the relevant section of the Fixed Link and in any event before the
Fixed Link comes into operation.
(3) If in the construction of the Fixed Link any works carried out from one
of the two States extend beyond the line of the frontier, the law that applies in
(')Treaty Series No. 20 (19R3 ), Cmnd. 8859.
3
164692
that part which so extends shall. in relation to matters occurring before that part
is effectively connected with works which project from the other State, be the law
of the first mentioned State.
(4) Rights to any natural resources discovered in the course of construction
of the Fixed Link shall be governed by the law of the State in the territory, or in
the continental shelf, of which the resources lie.
ARTICLE4
(2) Such arrangements will provide for the designation by each Government
ofthe authorities empowered to rake any decision necessitated by the defence and
security of the Fixed Link. The authorities so designated by the two
Govcr nrncnts, or their agents, will so far as possible co-ordinate their activities
within the framework of such arrangements.
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(3) The Concessionaires shall submit to the two Governments for their
approval any proposed designs, plans or arrangements affecting the defence and
security of the Fixed Link and the two Governments shall agree a joint response
to any such proposals.
(4) The Concessionaires shall, if required by the two Governments, take
measures necessary for the defence and security of the Fixed Link. Save in
exceptional circumstances of the kind envisaged in Article 6, the two
Governments shall consult each other before requiring the Concessionaires to
take such measures, and shall act jointly.
ARTICLE6
Exceptional Circumstances
(I) In the event of any exceptional circumstances, such as natural disasters,
acts of terrorism or armed conflict, or the threat thereof, each Government, after
consultation with the other if circumstances permit. may take measures
derogating from its obligations under this Treaty, its supplementary Protocols
and arrangements, or the Concession.
(2) Such measures may include closure of the Fixed Link, but shall be limited
to the extent required by the exigencies of the situation and shall be notified
immediately to the other Government and, as appropriate, to the
Concessionaires.
ARTICLE7
ARTICLE9
and the prevention of fiscal evasion with respect to taxes on income that is in
force for the time being and any Protocol thereto.
(2) The two States shall observe the principle of non-discrimination in
relation to taxes on charges made to users of transport which is in direct
competition for cross-channel traffic.
(3) The transfers of funds and financial settlements necessitated by the
construction or operation of the Fixed Link, whether between the two States or
from or to third countries shall be permitted subject to the procedures, if any,
prescribed by national laws made consistently with Community law.
Conversions shall be made at the market rate applicable to similar transactions.
The two States shall not levy any tax on such transfers of funds or financial
settlements other than generally applicable taxes on the payments which they
represent.
(4) Both Governments intend, so far as may be consistent with their
international obligations, to a!low to traveHers through the Fixed Link from the
mainland of one State to that of the other duty-free facilities which are
comparable to those available to persons travelling from one State to the other
by sea or air.
ARTICLE
10
Intergovernmental Commission
(4) Each Government shall appoint half the members .of the
Intergovernmental Commission, which shall comprise at most 16 members
including at least two representatives of the Safety Authority. The Chairmanship
of the Commission shall be held for a period of one year by the head of each
delegation alternately.
ARTICLE
11
Safety Authority
(I) A Safety Authority shall be established to
(a) advise and assist the Intergovernmental Commission on aU matters
concerning safety in the construction and operation of the Fixed Link.
For this purpose, the Safety Authority shall:
(i) give advice or make proposals to the Intergovernmental
Commission, at the request of the Intergovernmental Commission
or on its own initiative;
(ii) participate in the drawing-up of any regulations applicable to
safety ofthe Fixed Link and present them to the Intergovernmental
Commission;
(iii) discharge, within the scope of its own powers, any function
delegated to it by the Intergovernmental Commission;
(b) ensure that the safety measures and practices applicable to the Fixed
Link comply with the national or international laws in force, enforce
such laws, monitor their implementation, and report thereon to the
Intergovernmental Commission; and
(c) examine reports concerning any incident affecting safety within the Fixed
Link, make such investigations as are necessary, and report thereon to
the lntergovernmentai Commission.
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(2) The Safety Authority shall undertake necessary consultations with the
Concessionaires.
(3) In an emergency, the Chairman of the Safety Authority or his agent shall
take the measures necessary for the safety of persons and property within the
Fixed Link. He shall report any measures taken to the two Governments and to
the Intergovernmental Commission.
(4) The composition of the Safety Authority shall be determined by the two
Governments by agreement. Each Government shall appoint half its members.
The Chairmanship of the Safety Authority shall be held for a period of one year
by the head of each delegation alternately.
(5) The Safety Authority shall draw up its own rules of procedure and shall
submit them through the Intergovernmental Commission for the approval of the
two Governments.
(6) For the purpose of carrying out its functions, the Safety Authority may
invoke the assistance of the authorities of each Government or any body or
expert of its choice.
(7) The Safety Authority may, where it considers it necessary to do so, make
a report to the two Governments at the same time as it reports to the
Intergovernmental Commission.
(8) The two Governments shall grant to the Safety Authority and its
members and agents such powers of investigation, inspection and direction as are
necessary for the performance of its functions.
(9) The expenses of the Safety Authority shall be met by the Concessionaires
as provided in the Concession. The budget of the Safety Authority shall be
determined by the Intergovernmental Commission after consultation with the
Authority.
ARTICLE
ARTICLE
13
The Concession will include provisions which give effect to the following
principles:
(I) In their dealings wirh the Governments, the Concessionaires shall act
with the laws and regulations in force in each of the two States, and with
the Community rules applicable to the construction and operation of the
Fixed Link; they shall comply with those provisions of this Treaty and of
the supplementary Protocols and arrangements which are applicable to
them. They shall not take any action which would result in either State
being in breach of its international obligations.
(3) The Concessionaires shall ensure the continued flow of traffic in the
its operation has ceased for whatever reason, the Concessionaires shall,
if required by the Govemments as provided in the Concession. at their
own expense ensure that any part of the Fixed Link which is abandoned
or unserviceable is removed or made safe.
This provision shall not apply in cases where the Governments have
taken a~tion to terminate the Concession other than for reasons of
national defence, or for a failure by the Concessionaires to satisfy or
comply with the terms of the Concession, or under the powers conferred
by Article 6.
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ARTICLE 14
Modification of Conc~ion
No modification of the terms of the Concession shall be made without the
prior approval of both Governments.
ARTICLE
15
Compensation of Concessionaires
(I) When the term of the Concession ends, no compensation of whatever
kind shall be due to the Concessionaires except as expressly provided in the
Concession.
(2) The two States undertake not to interrupt or terminate the construction
or operation of the Fixed Link by the Con::es.:>ionair~s throughout the term ofthe
Concession save on the grounds of national defence, or in the case of a failure by
the Concessionaires to satisfy or comply with the terms of, and as provided in,
the Concession or under the powers rtferred to in Article 6. Any brea<.:h by a State
of this obligation would give the Conccssionaires a right to compensation in
accordance with the provisions of the Concession and consistent with
international law.
(3) If a State interrupts or terminates the construction or operation of the
Fixed Link by the Concessionaires on grounds of national defence. the
Concessionaires shall be eligible for compensation as provided under the law of
the State concerned. In those cases where both States are liable under this
provision and where the Concessionaires make a claim for compensation against
both States, they may not receive from each State more than half of the amount
of compensation payable in accordance with the law of that State.
(4) Each State shall bear the cost of the payment of any compensation tl) the
Concessionaires in proportion to its responsibility, if any, in accordance with
international law.
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ARTICLE
16
ARTICLE
17
ARTICLE
18
(d) upon the termination of the Concession ior any reason. on the future use
of the Fixed Link, its continued development and its continued
operation.
11
ARTICLE
19
Arbitration
(I) An arbitral tribunal shall be constituted to settle:
(a) dispute:; between the two States relating to the interpretation or
the Concession;
(c) disputes between the Concessionaires relating to the interpretation or
(a) Within two months of the receipt of the r'.!quest for arbitration each
made, a party may, in the absence of any other agreement, request the
President of the Court of Justice of the European C)mmunities to make
any necessary appointment.
(d) If the President of that Cour~ is a national of either State, or if he is
the member of the Court next in senioi"it:> who is not a national of either
State or otherwise unable to act :;hall be requested to make the
appointment.
(f) In any case to which the Concess1cnaires are parties they shall be entitled
to appoint two additional arbitrators. The two arbitrators appointed by
the Governments shall appoint the chairman of the tribunal by
agreement with the two arbitrators appointed by the Concessiona!res. In
default of agreement within the time limit ~pecified in sub-paragraph (b),
the chairman shall be nppointed in accordance with the procedure
prescribed in sub-par:1graphs (c), (d) and (e) of this paragraph. The
arbitrators appointed by the Conccssionaires shall not participate in that
part of m1y decision relating to 1.h.:: interpretation or applicc:.tion of the
Treaty.
(3) The arbitr<1l tribunal shall take decisions by a maJOrity vote. No
arbitrator may abstain. In the event of the votes being equally dividt~d the
chairman shall have a casting vote. The tribunal m<;.y, a~ the request of one of the
parties. interpret its own decisions. Decisions of the tribunal shall be finai and
binding on the parties.
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(4) Each party shall bear the costs of the arbitrator appointed by it, or
appointed on its behalf, and an equal share ofthe costs ofthe chairman; the other
costs of the arbitration process shall be borne in a manner determined by the
tribunal.
(5) In order to resolve any disputes regarding the Treaty, the tribunal shall
have regard to lhe Treaty and the relevant principles of international law.
(6) In order to resolve any disputes regarding the Concession, the relevant
provisions of the Treaty and the Concession shall be applied. The rules of English
law or the rules of French law may, as appropriate, be applied when recourse to
these rules is necessary for the implementation of particular obligations under
English law or French law In general recourse may also be had to the relevant
principles of international law, and if the parties in dispute agree, to principles of
equity.
ARTICLE
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IN WITNESS WHEREOF,
(L.s.)
GEOFFREY HOWE
(L.s.)
ROLAND DUMAS
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